ALTERNATIVE DISPUTE RESOLUTION
What is ADR?
ADR is an acronym for Alternative
Superior Court's ADR program uses three types or forms of dispute
resolutionarbitration, mediation, and neutral assessment. Of
the cases which are filed in the Superior Court, less than 5%
by a trial before a judge or jury. Most cases are resolved through
an alternative means of resolving the dispute, settlement or dismissal.
When the attorneys and the parties reach a resolution or settlement
on their own, this may involve conciliation or negotiation, two
forms of achieving a mutually acceptable end to the lawsuit.
Forms of ADR in Superior Court
is a process by which a neutral arbitrator hears both sides of
a controversy and renders a fair decision based on the facts and
the law. If the parties stipulate in writing the decision is be
binding, in which instance the case is removed from the Court's
is a process by which a mediator facilitates the parties in reaching
a mutually acceptable resolution of a controversy. It includes
all contacts between the mediator and any party or parties until
a resolution is agreed to, the parties discharge the mediator,
or the mediator determines that the parties cannot agree.
case assessment is a process by which an experienced neutral assessor
gives a non-binding, reasoned oral or written evaluation of a
controversy, on its merits, to the parties. The neutral assessor
may use mediation and/or arbitration techniques to aid the parties
in reaching a settlement.